AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO NURSING FACILITIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 1107, Title 16 of the Delaware Code by adding the following new subsections:

“(f) In conduct of any surveys under this Chapter and the compliance decisions made thereunder, surveyors shall consider the diagnosis and treatment decisions of the resident’s attending physician and of the facility’s medical director, and to a plan of care established for such resident, as long as such decisions and plans are consistent with acceptable standards of practice.

(g) Any person who is a former employee of a nursing facility shall be disqualified from participating for 5 years in any manner in any survey of that facility.”.

Section 2. Amend § 1114, Title 16 of the Delaware Code by deleting § 1114 in its entirety and by adding the following in lieu thereof:

“§ 1114. Right to hearing on deficiencies and remedies for noncompliance.

The due process protections of notice and opportunity to be heard shall be provided to facilities to appeal survey deficiencies, as well as the imposition of remedies for noncompliance imposed under §§ 1112 and 1113 of this Title. The hearing process shall be consistent with the Administrative Procedures Act, § 10101 of Title 29.”.